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2004-2005 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 (Finance and Administration) A Bill for an Act to appropriate additional money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, and for related purposesContents Part 1--Preliminary 1 1 Short title .......................................................................................... 1 2 Commencement ................................................................................ 2 3 Definitions ........................................................................................ 2 4 Portfolio Budget Statements and Portfolio Additional Estimates Statements ........................................................................ 4 5 Notional payments, receipts etc. ....................................................... 4 Part 2--Basic appropriations 5 6 Summary of basic appropriations...................................................... 5 7 Departmental items--basic appropriation......................................... 5 8 Administered items--basic appropriation......................................... 6 9 Administered assets and liabilities items--basic appropriation..................................................................................... 6 10 Other departmental items--basic appropriation................................ 7 11 Reduction of appropriations upon request......................................... 7 Part 3--Additions to basic appropriations 9 12 Net appropriations............................................................................. 9 13 Departmental items and other departmental items-- adjustments and borrowings.............................................................. 9 14 Advance to the responsible Presiding Officer--unforeseen expenditure etc................................................................................ 10 15 Comcover receipts .......................................................................... 11 Part 4--Miscellaneous 12 16 Crediting amounts to Special Accounts .......................................... 12 17 Appropriation of the Consolidated Revenue Fund.......................... 12 Schedule 1--Services for which money is appropriated 13 i Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005
1 A Bill for an Act to appropriate additional money 2 out of the Consolidated Revenue Fund for 3 expenditure in relation to the Parliamentary 4 Departments, and for related purposes 5 The Parliament of Australia enacts: 6 Part 1--Preliminary 7 8 1 Short title 9 This Act may be cited as the Appropriation (Parliamentary 10 Departments) Act (No. 2) 2004-2005. Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 1
Part 1 Preliminary Section 2 1 2 Commencement 2 This Act commences on the day on which it receives the Royal 3 Assent. 4 3 Definitions 5 In this Act, unless the contrary intention appears: 6 administered assets and liabilities item means an amount set out in 7 Schedule 1 in relation to a Parliamentary Department opposite the 8 heading "Administered Assets and Liabilities". 9 administered item means an amount set out in Schedule 1 opposite 10 an outcome of a Parliamentary Department under the heading 11 "Administered Expenses". 12 Agency has the same meaning as in the Financial Management and 13 Accountability Act 1997. 14 Note: Each Parliamentary Department is an Agency for the purposes of the 15 Financial Management and Accountability Act 1997. 16 Chief Executive has the same meaning as in the Financial 17 Management and Accountability Act 1997. 18 current year means the financial year ending on 30 June 2005. 19 departmental item means the total amount set out in Schedule 1 in 20 relation to a Parliamentary Department under the heading 21 "Departmental Outputs". 22 Note: The amounts set out opposite outcomes, under the heading 23 "Departmental Outputs", are "notional". They are not part of the item, 24 and do not in any way restrict the scope of the expenditure authorised 25 by the item. 26 expenditure means payments for expenses, acquiring assets, 27 making loans or paying liabilities. 28 Finance Minister means the Minister administering this Act. 29 item means any of the following: 30 (a) a departmental item; 31 (b) an administered item; 2 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005
Preliminary Part 1 Section 3 1 (c) an administered assets and liabilities item; 2 (d) an other departmental item. 3 other departmental item means an amount set out in Schedule 1 in 4 relation to a Parliamentary Department: 5 (a) opposite the heading "Equity Injections"; or 6 (b) opposite the heading "Loans"; or 7 (c) opposite the heading "Previous Years' Outputs". 8 Parliamentary Department means any of the following: 9 (a) the Department of the Senate; 10 (b) the Department of the House of Representatives; 11 (c) the Department of Parliamentary Services. 12 Portfolio Additional Estimates Statements means the Portfolio 13 Additional Estimates Statements that were tabled in the Senate or 14 the House of Representatives in relation to the Bill for this Act. 15 Portfolio Budget Statements means the Portfolio Budget 16 Statements that were tabled in the Senate or the House of 17 Representatives in relation to the Bill for the Appropriation 18 (Parliamentary Departments ) Act (No. 1) 2004-2005. 19 President means the President of the Senate. 20 responsible Presiding Officer means: 21 (a) in relation to the Department of the Senate--the President; or 22 (b) in relation to the Department of the House of 23 Representatives--the Speaker; or 24 (c) in relation to the Department of Parliamentary Services--the 25 President and the Speaker together. 26 section 31 agreement means an agreement under section 31 of the 27 Financial Management and Accountability Act 1997. 28 Speaker means the Speaker of the House of Representatives. 29 Special Account has the same meaning as in the Financial 30 Management and Accountability Act 1997. Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 3
Part 1 Preliminary Section 4 1 4 Portfolio Budget Statements and Portfolio Additional Estimates 2 Statements 3 (1) The Portfolio Budget Statements and Portfolio Additional 4 Estimates Statements are hereby declared to be relevant documents 5 for the purposes of section 15AB of the Acts Interpretation Act 6 1901. 7 Note: See paragraph 15AB(2)(g) of the Acts Interpretation Act 1901. 8 (2) If the Portfolio Budget Statements or Portfolio Additional 9 Estimates Statements indicate that activities of a particular kind 10 were intended to be treated as activities in respect of a particular 11 outcome, then expenditure for the purpose of carrying out those 12 activities is taken to be expenditure for the purpose of contributing 13 to achieving the outcome. 14 5 Notional payments, receipts etc. 15 For the purposes of this Act, notional transactions between 16 Agencies are to be treated as if they were real transactions. 17 Note: This section applies, for example, to a "payment" between Agencies 18 that are both part of the Commonwealth. One of the effects of this 19 section is that the payment will be debited from an appropriation for 20 the paying Agency, even though no payment is actually made from the 21 Consolidated Revenue Fund. 4 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005
Basic appropriations Part 2 Section 6 1 2 Part 2--Basic appropriations 3 4 6 Summary of basic appropriations 5 The total of the items specified in Schedule 1 is $349,000. 6 Note 1: Items in Schedule 1 can be increased under Part 3 of this Act and 7 under section 15 of the Appropriation (Parliamentary Departments) 8 Act (No. 1) 2004-2005 (as modified by section 15 of this Act). 9 Note 2: See also section 30A of the Financial Management and 10 Accountability Act 1997, which provides for adjustment of 11 appropriations to take account of GST. 12 7 Departmental items--basic appropriation 13 (1) For a departmental item for a Parliamentary Department, the 14 Finance Minister may issue out of the Consolidated Revenue Fund 15 amounts that do not exceed, in total, the amount specified in the 16 item. 17 Note: Generally, the Finance Minister is permitted, but not obliged, to issue 18 the amounts out of the Consolidated Revenue Fund. However, 19 subsection (3) imposes an obligation on the Finance Minister to issue 20 the amounts in certain circumstances. 21 (2) An amount issued out of the Consolidated Revenue Fund for a 22 departmental item for a Parliamentary Department may only be 23 applied for the departmental expenditure of the Parliamentary 24 Department. 25 Note: The acquisition of new departmental assets will usually be funded 26 from an other departmental item. 27 (3) If a departmental item for a Parliamentary Department includes 28 provision for payment of remuneration and allowances to the 29 holder of: 30 (a) a public office (within the meaning of the Remuneration 31 Tribunal Act 1973); or 32 (b) an office specified in a Schedule to the Remuneration and 33 Allowances Act 1990; Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 5
Part 2 Basic appropriations Section 8 1 then the Finance Minister, under subsection (1), must issue out of 2 the Consolidated Revenue Fund, under that item, amounts that are 3 sufficient to pay the remuneration and allowances and must apply 4 the amounts for that purpose. 5 8 Administered items--basic appropriation 6 (1) For an administered item for an outcome of a Parliamentary 7 Department, the Finance Minister may issue out of the 8 Consolidated Revenue Fund amounts that do not exceed, in total, 9 the lesser of: 10 (a) the amount specified in the item; and 11 (b) the amount determined by the Finance Minister in relation to 12 the item, having regard to the expenses incurred by the 13 Parliamentary Department in the current year in relation to 14 the item. 15 (2) An amount issued out of the Consolidated Revenue Fund for an 16 administered item for an outcome of a Parliamentary Department 17 may only be applied for expenditure for the purpose of carrying out 18 activities for the purpose of contributing to achieving that outcome. 19 Note: The acquisition of new administered assets will usually be funded 20 from an administered assets and liabilities item. 21 (3) A determination under paragraph (1)(b) is not a legislative 22 instrument for the purposes of the Legislative Instruments Act 23 2003. 24 9 Administered assets and liabilities items--basic appropriation 25 (1) For an administered assets and liabilities item for a Parliamentary 26 Department, the Finance Minister may issue out of the 27 Consolidated Revenue Fund amounts that do not exceed, in total, 28 the amount specified in the item. 29 (2) An amount issued out of the Consolidated Revenue Fund for an 30 administered assets and liabilities item for a Parliamentary 31 Department may only be applied for expenditure for the purpose of 32 carrying out activities for the purpose of contributing to achieving 33 any outcome that is specified in Schedule 1 in relation to the 34 Parliamentary Department. 6 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005
Basic appropriations Part 2 Section 10 1 10 Other departmental items--basic appropriation 2 (1) For an other departmental item for a Parliamentary Department, the 3 Finance Minister may issue out of the Consolidated Revenue Fund 4 amounts that do not exceed, in total, the amount specified in the 5 item. 6 (2) An amount issued out of the Consolidated Revenue Fund for an 7 other departmental item for a Parliamentary Department may only 8 be applied for the departmental expenditure of the Parliamentary 9 Department. 10 11 Reduction of appropriations upon request 11 (1) The Finance Minister may, upon written request by the responsible 12 Presiding Officer, make a written determination under this section 13 reducing an administered assets and liabilities item, an other 14 departmental item or a departmental item for an agency by the 15 amount specified in the determination. 16 (2) Where a determination is made, the amount specified in the item is 17 taken to have been reduced by the amount specified in the 18 determination. 19 (3) However, a determination is of no effect if the determination has 20 not been requested under subsection (1). 21 (4) In addition, a determination reduces an amount specified in the 22 item only to the extent that the amount of the reduction is no 23 greater than the lesser of the following: 24 (a) the amount requested under subsection (1); 25 (b) the difference between the amount specified in the item and 26 the amount issued out of the Consolidated Revenue Fund by 27 the Finance Minister in respect of that item. 28 (5) For the purposes of paragraph (4)(b), an amount is not taken to 29 have been issued by the Finance Minister until the amount is paid 30 out of the Consolidated Revenue Fund. 31 (6) To avoid doubt, where a previous determination has been made in 32 relation to an item, the reference in paragraph (4)(b) to the amount 33 specified in the item is taken to be a reference to the amount Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 7
Part 2 Basic appropriations Section 11 1 specified in the item as reduced by that previous determination and 2 any other previous determination. 3 (7) To avoid doubt, a determination under this section applies despite 4 any other provision of this Act. 5 (8) A determination under subsection (1) is a legislative instrument for 6 the purposes of the Legislative Instruments Act 2003 and, despite 7 subsection 44(2) of that Act, section 42 of that Act applies to the 8 determination. However, Part 6 of that Act does not apply to the 9 determination. 10 (9) A written request by a responsible Presiding Officer under 11 subsection (1) is not a legislative instrument for the purposes of the 12 Legislative Instruments Act 2003. 8 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005
Additions to basic appropriations Part 3 Section 12 1 2 Part 3--Additions to basic appropriations 3 4 12 Net appropriations 5 (1) If a section 31 agreement applies to a departmental item, then the 6 amount specified in the item is taken to be increased in accordance 7 with the agreement, and on the conditions set out in the agreement. 8 The increase cannot be more than the relevant receipts covered by 9 the agreement. 10 (2) For the purposes of section 31 of the Financial Management and 11 Accountability Act 1997, each departmental item is taken to be 12 marked "net appropriation". 13 13 Departmental items and other departmental items--adjustments 14 and borrowings 15 (1) The responsible Presiding Officer may determine that the amount 16 specified in a departmental item or in an other departmental item is 17 to be increased by an amount specified in the determination. 18 (2) The total of the amounts determined for the Department of the 19 Senate: 20 (a) under this section; and 21 (b) under section 13 of the Appropriation (Parliamentary 22 Departments) Act (No. 1) 2004-2005; 23 cannot be more than $200,000. 24 (3) The total of the amounts determined for the Department of the 25 House of Representatives: 26 (a) under this section; and 27 (b) under section 13 of the Appropriation (Parliamentary 28 Departments) Act (No. 1) 2004-2005; 29 cannot be more than $200,000. 30 (4) The total of the amounts determined for the Department of 31 Parliamentary Services: Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 9
Part 3 Additions to basic appropriations Section 14 1 (a) under this section; and 2 (b) under section 13 of the Appropriation (Parliamentary 3 Departments) Act (No. 1) 2004-2005; 4 cannot be more than $200,000. 5 (5) A determination under subsection (1) is a legislative instrument for 6 the purposes of the Legislative Instruments Act 2003 but neither 7 section 42 nor Part 6 of that Act applies to the determination. 8 14 Advance to the responsible Presiding Officer--unforeseen 9 expenditure etc. 10 (1) This section applies if the responsible Presiding Officer is satisfied 11 that: 12 (a) there is an urgent need for expenditure that is not provided 13 for, or is insufficiently provided for, in Schedule 1; and 14 (b) the additional expenditure is not provided for, or is 15 insufficiently provided for, in Schedule 1: 16 (i) because of an erroneous omission or understatement; or 17 (ii) because the additional expenditure was unforeseen until 18 after the last day on which it was practicable to provide 19 for it in the Bill for this Act before that Bill was 20 introduced into the House of Representatives. 21 (2) This Act has effect as if Schedule 1 were amended, in accordance 22 with a determination of the responsible Presiding Officer, to make 23 provision for so much (if any) of the additional expenditure as the 24 responsible Presiding Officer determines. 25 (3) The total of the amounts determined for the Department of the 26 Senate: 27 (a) under this section; and 28 (b) under section 14 of the Appropriation (Parliamentary 29 Departments) Act (No. 1) 2004-2005; 30 cannot be more than $300,000. 31 (4) The total of the amounts determined for the Department of the 32 House of Representatives: 33 (a) under this section; and 10 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005
Additions to basic appropriations Part 3 Section 15 1 (b) under section 14 of the Appropriation (Parliamentary 2 Departments) Act (No. 1) 2004-2005; 3 cannot be more than $300,000. 4 (5) The total of the amounts determined for the Department of 5 Parliamentary Services: 6 (a) under this section; and 7 (b) under section 14 of the Appropriation (Parliamentary 8 Departments) Act (No. 1) 2004-2005; 9 cannot be more than $1 million. 10 (6) However, if an amount determined by a responsible Presiding 11 Officer under section 14 of the Appropriation (Parliamentary 12 Departments) Act (No. 1) 2004-2005 is recovered from an amount 13 set out in Schedule 1 to this Act, the determined amount is to be 14 disregarded for the purposes of subsections (3), (4) and (5). 15 (7) A determination under subsection (2) is a legislative instrument for 16 the purposes of the Legislative Instruments Act 2003 but neither 17 section 42 nor Part 6 of that Act applies to the determination. 18 15 Comcover receipts 19 After the commencement of this Act, section 15 of the 20 Appropriation (Parliamentary Departments) Act (No. 1) 21 2004-2005 has effect as if the reference to an item included a 22 reference to an item in the Schedule to this Act. 23 Note: Section 15 of the Appropriation (Parliamentary Departments) Act 24 (No. 1) 2004-2005 provides for amounts to be added to items for a 25 Parliamentary Department in respect of Comcover payments to the 26 Parliamentary Department. Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 11
Part 4 Miscellaneous Section 16 1 2 Part 4--Miscellaneous 3 4 16 Crediting amounts to Special Accounts 5 If any of the purposes of a Special Account is a purpose that is 6 covered by an item (whether or not the item expressly refers to the 7 Special Account), then amounts may be debited against the 8 appropriation for that item and credited to that Special Account. 9 17 Appropriation of the Consolidated Revenue Fund 10 The Consolidated Revenue Fund is appropriated as necessary for 11 the purposes of this Act. 12 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005
Services for which money is appropriated Schedule 1 Schedule 1--Services for which money is appropriated Note: See sections 6 and 17. Abstract Page Reference Departments and Services Total $'000 16 Senate 64 17 House of Representatives 285 Total 349 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 13
Schedule 1 Services for which money is appropriated APPROPRIATIONS 14 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005
Services for which money is appropriated Schedule 1 SUMMARY Additional Appropriation (bold figures) -- 2004-2005 Budget Appropriation (italic figures) -- 2004-2005 Departmental Administered Non- Agency Outputs Expenses operating Total $'000 $'000 $'000 $'000 Senate - 64 - 64 29,437 1,390 - 30,827 House of Representatives 121 164 - 285 31,100 1,212 - 32,312 Department of Parliamentary Services - - - - 93,224 10,600 11,700 115,524 Total: Parliamentary Departments 121 228 - 349 153,761 13,202 11,700 178,663 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 15
Schedule 1 Services for which money is appropriated SENATE Additional Appropriation (bold figures) -- 2004-2005 Budget Appropriation (italic figures) -- 2004-2005 Actual Available Appropriation (light figures) -- 2003-2004 Departmental Administered Outputs Expenses Total $'000 $'000 $'000 SENATE Operating Outcome 1 - Effective provision of services to support - 64 64 the functioning of the Senate as a House 29,437 1,390 30,827 of the Commonwealth Parliament 30,312 1,298 31,610 Total: Senate - 64 64 16 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005
Services for which money is appropriated Schedule 1 HOUSE OF REPRESENTATIVES Additional Appropriation (bold figures) -- 2004-2005 Budget Appropriation (italic figures) -- 2004-2005 Actual Available Appropriation (light figures) -- 2003-2004 Departmental Administered Outputs Expenses Total $'000 $'000 $'000 HOUSE OF REPRESENTATIVES Operating Outcome 1 - The House of Representatives fulfils its 121 164 285 role as a representative and legislative 31,100 1,212 32,312 body 31,685 1,198 32,883 Total: House of Representatives 121 164 285 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 17